DECISION
NCI Group, Inc. v. he jxing
Claim Number: FA2607002234547
PARTIES
Complainant is NCI Group, Inc. ("Complainant"), represented by Joel Feldman of Greenberg Traurig LLP, Georgia, USA. Respondent is he jxing ("Respondent"), China.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <cornerstonebuil.com>, registered with Dynadot Inc.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on July 23, 2026. Forum received payment on July 23, 2026.
On July 25, 2026, Dynadot Inc confirmed by e-mail to Forum that the <cornerstonebuil.com> domain name is registered with Dynadot Inc and that Respondent is the current registrant of the name. Dynadot Inc has verified that Respondent is bound by the Dynadot Inc registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").
On July 28, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 17, 2026 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@cornerstonebuil.com. Also on July 28, 2026, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts.
Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.
On August 18, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES' CONTENTIONS
A. Complainant
Founded in Houston, Texas in 1984 as National Components Inc., Cornerstone Building Brands, Inc. ("Cornerstone") is a leading manufacturer of exterior building products in North America. It operates the website at "www.cornerstonebuildingbrands.com". Complainant is the IP holding company for the CORNERSTONE BUILDING BRANDS trademark.
The <cornerstonebuil.com> domain name is confusingly similar to Complainant's CORNERSTONE BUILDING BRANDS mark.
Respondent has no legitimate rights or interests in the <cornerstonebuil.com> domain name. Complainant has not given Respondent permission to register or use the domain name. There is no evidence within the WHOIS information that Respondent is commonly known as "Cornerstone Building Brands". As of July 23, 2026, the domain name resolves to a website that uses the entire CORNERSTONE BUILDING BRANDS mark, without authorization, to pass itself off as Cornerstone. This is not a bona fide offering of goods or services nor a legitimate noncommercial or fair use. Additionally, the "Request Technical Data" button on the homepage opens a webform seeking information from customers, likely as a phishing scheme.
Respondent registered and uses the <cornerstonebuil.com> domain name in bad faith. Respondent was aware of Cornerstone and the CORNERSTONE BUILDING BRANDS mark when it registered the domain name, which is being used disruptively to impersonate Cornerstone for fraudulent purposes.
B. Respondent
Respondent failed to submit a Response in this proceeding.
FINDINGS
Complainant has established all the elements entitling it to relief.
DISCUSSION
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.1 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) ("Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint").
Identical and/or Confusingly Similar
Complainant has shown that it has rights in the mark CORNERSTONE BUILDING BRANDS, including USPTO Registration No. 7,976,774, registered on October 7, 2025, for inter alia providing online consumer product information about metal and nonmetal building products, in International Class 35. The words BUILDING BRANDS are disclaimed.
The Panel finds Respondent's <cornerstonebuil.com> domain name to be confusingly similar to Complainant's CORNERSTONE BUILDING BRANDS mark, only differing by the omission of the spaces between the words, the last four letters of the word "building", and the word "brands", which differences are insufficient to distinguish the domain name from Complainant's mark. The inconsequential ".com" generic top-level domain ("gTLD") may be ignored under this element. See Rollerblade, Inc. v. Chris McCrady, D2000-0429 (WIPO June 25, 2000).
Complainant has established this element.
Rights or Legitimate Interests
The burden of proof of the absence of rights or legitimate interests in a disputed domain name on the part of the respondent lies on the complainant, as it does with all three elements required to be established in order to entitle the complainant to any relief. However, once a complainant establishes a prima facie case against a respondent, the burden shifts to the respondent to provide evidence of its right or legitimate interests under paragraph 4(c) of the Policy: see for example Do The Hustle, LLC v. Tropic Web, D2000-0624 (WIPO Aug. 23, 2000) and Cassava Enters. Ltd. v. Victor Chandler Int'l Ltd., D2004-0753 (WIPO Nov. 11, 2004).
Paragraph 4(c) of the Policy provides that any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Respondent's rights or legitimate interests to a domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to Respondent of the dispute, the use by Respondent of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) Respondent (as an individual, business or other organization) has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights; or
(iii) Respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
The <cornerstonebuil.com> domain name was registered on March 24, 2026, several months after the registration of Complainant's CORNERSTONE BUILDING BRANDS mark. It resolves to a website prominently displaying Complainant's CORNERSTONE BUILDING BRANDS mark and stating: "Cornerstone Building Brands – Complete Window, Door & Siding Systems…North America's largest manufacturer of exterior building products." The website purports to offer the same kinds of goods that Cornerstone offers but contains no details. The "Contact Us" webpage displays Cornerstone's legitimate domain name and corporate address. The website also seeks Internet users' personal information.
These circumstances, together with Complainant's assertions, are sufficient to constitute a prima facie showing of absence of rights or legitimate interests in respect of the domain name on the part of Respondent. The evidentiary burden therefore shifts to Respondent to show that it does have rights or legitimate interests in the <cornerstonebuil.com> domain name. See JUUL Labs, Inc. v. Dryx Emerson / KMF Events LTD, FA 1849706 (Forum July 17, 2019). Respondent has made no attempt to do so.
The Panel finds that Respondent has no rights or legitimate interests in respect of the domain name.
Complainant has established this element.
Registration and Use in Bad Faith
Paragraph 4(a)(iii) of the Policy is expressed in the conjunctive: "the domain name has been registered and is being used in bad faith" and Paragraph 4(b) sets out four illustrative circumstances, which, though not exclusive, shall be evidence of the registration and use of a domain name in bad faith for purposes of paragraph 4(a)(iii), including:
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
The circumstances set out above in relation to the second element satisfy the Panel that Respondent was fully aware of Complainant, its CORNERSTONE BUILDING BRANDS mark and Cornerstone's website address when Respondent registered the <cornerstonebuil.com> domain name and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's website, by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's website. This demonstrates registration and use in bad faith to attract users for commercial gain under Policy ¶ 4(b)(iv).
Further, the Panel finds that Respondent registered and is using the domain name in bad faith for the purpose of fraudulently impersonating Cornerstone and phishing for personal information.
Complainant has established this element.
DECISION
Complainant having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <cornerstonebuil.com> domain name be TRANSFERRED from Respondent to Complainant
Alan L. Limbury, Panelist
Dated: August 19, 2026
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